Law: Land Acquisition Act (I of 1894)

Section: 4 ,5

Land Acquisition Act (I of 1894)--- ----Ss. 4 & 5-A---Notification under S.4---Objection to---Commissioner declared through Notification that he was satisfied that land in dispute was required to be taken by the Government for the Agriculture Department for a public purpose, namely for "Farm Drainage Channel and Road, Government Seed Farm"-- Action to acquire land for the development of Seed Farm thus could not be characterised as action taken mala fide in view of the fact that purpose for which land was intended to be acquired was public purpose---Mere allegation on the part of owner that action of acquiring his land had been taken against him with a view to deprive him of his developed land which had been encroached upon by authorities was not sufficient to strike down order of acquisition. Government of West Pakistan v. Begum Agha Shorish Kashmiri P L D 1969 SC 14; Federation of Pakistan v. Saeed Ahmad P L D 1974 S C 151 and Mandir Sita Ram v. Governor of Delhi A I R 1974 SC 1868 ref. S. Zafar Abbas Zaidi for Petitioners. Name for Respondents. Date of hearing: 12th November, 1990. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J.---Ghulam Yasin and 10 others of Musa Khar, Tehsil and District D.1. Khan by this petition undo: Article 199 of the Constitution of Islamic Republic of Pakistan have challenged the legality of acquisition of land and have called in question Notification issued on 5-9-1990 by the Commissioner, D.I. Khan Division (respondent No.2) under section 5-A of the Land Acquisition Act, 1894 (I of 1894) (hereinafter referred to as the Act). The relevant facts are that Collector/Deputy Commissioner, D.I. Khan issued, under section 4 of the Act, Notification on 7th November, 1983, stating therein that land described in the Notification is likely to be acquired and taken by the Government at public expense for purpose, namely, "Acquisition of Land for Farm Drainage Channel and Road, Government Seed Farm, Rakh Manghan'   The case of the petitioners in this petition briefly is:---- That the authorities of acquiring department encroached upon the petitioners land which was secured with great hardship in the year 1981-82. That the…